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(영문) 창원지방법원 2016.04.22 2015가단74391
손해배상(기)
Text

1. The Defendant’s KRW 50,481,585 as well as 5% per annum from April 25, 2015 to April 22, 2016 to the Plaintiff.

Reasons

1. The Plaintiff, who was the owner of Changwon-si B World Family (hereinafter “instant World Family”) Nos. 101 and 102 underground, has operated a “C Indoor Epiz” for children in the said building from May 3, 2012 (hereinafter “Indoor Epiz”).

Around August 3, 2014 and August 18, 2014, the instant B had a large number of events. Each of the instant indoor play grounds, where wastewater and rainwater flow into a wall, etc. (hereinafter “the instant flood accident”), and the instant indoor play grounds caused damage to the play equipment and internal equipment in the instant indoor play grounds, making it impossible to continue the instant business.

The location of sewage pipes, manle, etc. around the instant B shall be indicated in the attached Form.

Attached Form

Drawings A and B are public sewage pipes managed by the defendant, and public sewage pipes managed by the defendant (hereinafter referred to as “public sewage pipes of this case”) are installed along the connecting lines.

Attached Form

The drawings C is the manle of sewage managed by the instant B, and the sewage museum B is connected with the public sewage pipe in this case.

At the time of the flood accident in this case, there was a phenomenon that lids from the public sewage hole B indicated in the attached drawings at the time of the flood accident in order to make water fast so as to be fast down.

After the flood accident of this case, the Defendant performed the repair work for the public water pipes of this case.

[Ground of recognition] Unsatisfy, Gap evidence 1, 6, 7 (if there is a satisfy number, including branch numbers; hereinafter the same shall apply), Eul evidence 5 and images, the result of the on-site inspection by this court, the result of appraiser D's appraisal, the purport of the whole pleadings

2. Occurrence of liability for damages;

A. The Plaintiff is liable to compensate for damages, as the flood accident of this case is destroyed by the public sewage management of the Defendant, and thus, the wastewater and rainwater can not flow out through the sewage pipes.

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